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I can totally relate to this confusion! I went through something very similar with my consulting LLC in Nevada about 6 months ago. The key thing I learned is that filing Articles of Dissolution with the state is only half the battle - you absolutely need to notify the IRS separately since they operate completely independently from state agencies. That letter you received is definitely the IRS way of saying "we still think you're active" despite your state filing. Here's what worked for me: 1. **Called the IRS Business & Specialty Tax Line at 800-829-4933** - They confirmed I had an EIN and that my LLC was still active in their system even though I'd filed state dissolution papers months earlier. 2. **Filed a final Schedule C** - Even though my LLC never made money, I still needed to file a final Schedule C with my personal tax return and check the "final return" box. This officially tells the IRS to stop expecting future filings. 3. **Sent a written notice** - Mailed a letter to the IRS at my normal filing address stating I permanently ceased operations, including my business name, EIN, and dissolution date. The IRS agent was actually really helpful and explained that this is one of the most common oversights small business owners make. Don't stress about it - it's totally fixable! Just tackle these steps now and you'll avoid years of confusing penalty notices. Better to handle it proactively than wait for more letters.
This is so helpful to hear from someone who went through the exact same situation in Nevada! I've been really anxious about this whole thing, but your step-by-step breakdown makes it feel much more manageable. It's reassuring to know that the IRS agent was understanding about this being a common oversight - I was worried they'd think I was trying to avoid something or being deliberately non-compliant. The fact that you successfully resolved everything by following these three steps gives me a lot of confidence that I can handle this too. I'm definitely going to start with that IRS call first thing this week. Having your experience as a roadmap makes me feel so much better about tackling this. Thanks for taking the time to share what worked for you!
I'm actually going through this exact same situation right now and this thread has been incredibly helpful! I had my LLC in Florida and thought I was all set after filing dissolution paperwork with the state last year, but then I got a similar letter from the IRS a few weeks ago. Reading through everyone's experiences here, I realize I made the same mistake of assuming state and federal closure were connected somehow. It's honestly a bit of a relief to see how common this oversight is - I was feeling pretty foolish about not knowing I needed to handle the IRS separately. Based on all the great advice in this thread, I'm planning to call that IRS Business line (800-829-4933) this week to check my EIN status and figure out what final return I need to file. My LLC never made any money either, but it sounds like filing that final return with the "final return" box checked is crucial for officially closing things out with the IRS. Thanks for starting this discussion - you've probably saved a bunch of us from years of confusing penalty notices! It's amazing how this one thread has turned into such a comprehensive guide for properly closing an LLC.
I'm so glad this thread has been helpful for you too! It really is amazing how many of us made the same assumption about state dissolution being sufficient. I've been reading through all these responses and taking notes because there's so much valuable information here. Your situation in Florida sounds almost identical to mine in Nevada - it's crazy how this seems to be such a widespread issue across different states. I think the problem is that when you're setting up an LLC, nobody really explains that closing it requires separate steps with both state and federal agencies. I'm also planning to make that IRS call this week. It's encouraging to see so many people in this thread who successfully resolved their situations by following the same basic steps. Hopefully we can both get this sorted out quickly and finally put this confusion behind us!
Has anyone used TurboTax for calculating depreciation recapture and capital gains on a high-value property like this? I'm worried it might miss something with these complex calculations.
Thanks for sharing your experience. Did you have to input each improvement separately over the years, or could you just put in a total amount? I'm worried because I don't have detailed records for some of the older improvements we made.
You can input a total amount for improvements, but I'd recommend trying to break it down by year if possible. TurboTax will ask for the date of each improvement to properly calculate the depreciation basis. For older improvements where you don't have exact records, you can estimate based on receipts, photos, or even comparable costs for similar work done around that time. The IRS generally accepts reasonable estimates if you can show you made a good faith effort to document the improvements. Just make sure to keep whatever documentation you do have (even photos showing before/after of renovations) in case of an audit. For a property with this much gain, it's definitely worth spending some time reconstructing your improvement history as accurately as possible - each dollar of improvements reduces your taxable gain dollar-for-dollar.
One important detail that hasn't been fully addressed - make sure you understand how the timing of your sale affects your tax situation. Since you mentioned your tenants are leaving soon and you're considering moving back in, the actual date of sale versus when you establish primary residency again can make a significant difference. Also, don't forget to factor in potential state capital gains taxes on top of the federal calculations everyone has been discussing. Some states have no capital gains tax, while others can add substantial additional tax burden on a gain this large. Given the complexity and the substantial dollar amounts involved ($146K+ in potential federal taxes), I'd strongly recommend getting a consultation with a CPA who specializes in real estate transactions before making any final decisions about timing the sale or moving back in. The cost of professional advice will be a tiny fraction of the potential tax savings you could achieve with proper planning. Have you considered a 1031 exchange if you're planning to buy another investment property? That could defer all the capital gains taxes, though it wouldn't help with the depreciation recapture portion.
Great point about the 1031 exchange! I hadn't considered that option. Since this was originally our primary residence though, would we even qualify for a 1031? I thought those were only for investment properties. Also, you mentioned state taxes - we're in California, so I'm guessing we're looking at additional state capital gains on top of the federal amount. Do you know if the $500K exclusion applies to California state taxes too, or is that just federal? The timing aspect is really important - our lease with the current tenants ends in March 2025, and we were thinking about listing in April. But if moving back in for a period could help with the tax situation, maybe we should reconsider the timeline.
Wait, I thought you couldn't change from MFJ to MFS after filing? My accountant told me once you file jointly, you're locked in for that tax year???
Your accountant is partially right. After the tax filing deadline (April 15th unless extended), you cannot change from MFJ to MFS. However, before the deadline, you can amend and change your filing status. The IRS specifically allows this as long as it's done before the due date.
I went through this exact situation two years ago and want to share some practical tips that might help. First, definitely run the numbers on both scenarios before deciding - I used a spreadsheet to calculate my total tax liability under both MFJ and MFS, then compared that to my projected student loan payment savings. One thing that caught me off guard was timing the payments. Since you already received your joint refund, you'll likely owe additional tax when filing separately (especially your husband if he had less withholding). Make sure you have enough cash on hand to pay any balance due by April 15th, or you'll face penalties and interest. Also, keep detailed records of how you split everything - income, deductions, the refund amount, etc. The IRS may ask questions later, and having clear documentation saved me a lot of headaches when they requested additional info about our amendment. The paper filing requirement for 1040X is annoying, but send both returns via certified mail so you have proof they were received. It took about 4 months to get confirmation our amendments were processed, so be patient. The student loan payment reduction made it all worthwhile though!
This is really comprehensive advice, thank you! The timing aspect you mentioned about having cash ready for additional tax owed is something I hadn't fully considered. Since we already got our joint refund, I'm assuming my husband will definitely owe more when filing separately since his income is higher. Quick question - when you say "send both returns via certified mail," do you mean we should mail them separately or can we put both 1040X forms in the same envelope? Also, did you include any cover letter explaining the filing status change, or just send the amended returns as-is? The 4-month processing time is good to know. I'm hoping to get this sorted before the deadline so we can start seeing the lower student loan payments sooner rather than later.
I'm sorry for the loss of your mom and the added stress of taking over the family business finances during such a difficult time. As others have mentioned, requesting bank statements alongside your P&L is actually standard practice for CPAs - it's their way of doing due diligence to verify that income and expenses in your books match actual transactions. However, the bigger concern here seems to be the overall relationship and communication style. A good CPA should be explaining why they need these documents and working WITH you rather than against you. The fact that they're being inflexible about legitimate business deductions and pushing their own bookkeeping services while being dismissive of your work is problematic. Given that this resulted in late filing last year and you're experiencing the same issues again, it might be worth getting a consultation with 1-2 other CPAs to compare approaches. Many will do a brief consultation to review your situation and explain their process. You deserve to work with someone who respects the work you've done to get the business back on track and communicates clearly about what's needed and why. The documentation requirements won't change with a different CPA, but the experience of working with them certainly can improve significantly.
This is exactly the kind of balanced perspective that helps. You're right that the documentation requirements are going to be similar regardless of which CPA you work with, but the experience can be dramatically different. I went through something similar when I inherited my uncle's landscaping business - same demands for bank statements and documentation, but my current CPA walks me through everything and explains the "why" behind each request. It makes such a difference when you feel like you're working together rather than being interrogated. The consultation idea is spot on - most CPAs will give you 30 minutes to discuss your situation and you can get a feel for their communication style before committing.
I'm really sorry about the loss of your mom and having to navigate all this during such a difficult time. Taking over family business finances is overwhelming enough without feeling like your CPA is working against you. What you're experiencing with the bank statement requests is actually completely normal - CPAs are legally required to verify the information they're filing, and bank statements serve as that third-party proof that your P&L numbers are accurate. It's not about not trusting your work, it's about professional liability and audit protection. That said, the way your CPA is handling this sounds problematic. A good CPA should be explaining WHY they need these documents instead of just demanding them. And the fact that they're being inflexible about legitimate business deductions while also pushing their own bookkeeping services feels like a red flag to me. My suggestion would be to get consultations with 2-3 other CPAs in your area. Most will give you a brief meeting to discuss your situation and explain their process. The documentation requirements will be similar everywhere, but you should be able to find someone who communicates better and works collaboratively with you rather than making you feel like you're being interrogated. You've done incredible work getting the business organized after such a loss - you deserve to work with a professional who recognizes that effort and supports you through the process.
Thank you for this compassionate and thorough response. You really captured what makes this situation so frustrating - it's not just about the documentation requests, but feeling like you're being treated with suspicion during an already difficult time. I'm curious about the consultation process you mentioned. When meeting with potential CPAs, what specific questions should someone ask to gauge whether they'll be collaborative vs. adversarial? I imagine there's a big difference between a CPA who says "I need these documents because..." versus one who just hands you a list of demands. Also, for anyone else dealing with family business transitions, how do you typically approach the conversation about previous bookkeeping work? I'd want to find someone who can acknowledge that while verification is necessary, the work done to reconstruct records after a loss represents a significant effort that deserves respect.
Chloe Anderson
Don't beat yourself up about this - medical issues can definitely make it hard to stay on top of everything! The good news is that while you'll owe some penalty, it's really not that bad in your case. For a $127 excess contribution, you're looking at about $7.62 per year in excise tax (6% of $127). So for 2020-2023, that's roughly $30 total - definitely manageable. Here's what I'd recommend: First, call your HSA administrator and request removal of the excess contribution from 2020. They should be able to calculate any earnings on that $127 and remove both the excess and earnings. You'll get a 1099-SA for 2024 showing the withdrawal. Then file Form 5329 for each year 2020-2023 to pay the 6% excise tax. You don't need to amend your full returns - just file the 5329 forms separately with payment. The earnings portion will be taxable income on your 2024 return, but since it's been sitting there for years, it might actually be a decent amount that's been growing tax-free. One tip: when you call your HSA administrator, be very specific that you want to "remove excess contributions for tax year 2020" - use those exact words. Some customer service reps get confused if you just say you want to withdraw money.
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StarSeeker
I went through something very similar last year! Had an excess HSA contribution from 2019 that I didn't catch until 2023. The key thing to remember is that you're not in any serious trouble - this happens more often than you'd think, especially during job transitions. Here's what worked for me: I called my HSA provider (mine was with HSA Bank) and specifically asked for "removal of excess contribution for tax year 2020." They knew exactly what I was talking about and handled it within about a week. They removed both the $127 excess and any earnings attributed to it. The 6% excise tax isn't too painful on such a small amount - you're looking at about $7.62 per year, so maybe $30-35 total for all the years it's been sitting there. I filed Form 5329 for each affected year separately (didn't need to amend full returns) and just sent payment with each form. The earnings that get removed will show up as income on your 2024 return, but honestly after sitting in the HSA for 4+ years, there might be a nice little growth there that partially offsets the penalties. Don't stress too much about this - you're being proactive now and that's what matters. The IRS deals with HSA issues all the time and as long as you're making the effort to fix it, they're pretty reasonable about these situations.
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Liam Cortez
ā¢This is really reassuring to hear from someone who went through the exact same thing! I'm curious - when you filed the Form 5329 for each year, did you have to mail them separately or could you bundle them together? And did you end up owing any interest on the excise tax payments since they were technically late? Also, you mentioned the earnings might have grown nicely over the 4+ years - did that end up being the case for you? I'm wondering if the growth might actually offset some of the penalty costs, which would make this whole situation a bit less painful.
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